Eversheds Sutherland Cybersecurity and Privacy Insights Blog
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Videocast: Blockchain technology in the financial services industry

Blockchain and distributed-ledger technology hold tremendous promise, far beyond cryptocurrencies. However, there are also real pitfalls, which are often not identified until it is too late. This Bottom Line videocast discusses: What is blockchain, and how is it broader than bitcoin and other cryptocurrencies? Why it may be revolutionary, but why it will not solve all problems—and why...

Virtual currencies as commodities—CFTC wins battle in the fight to define cryptocurrencies as commodities but has it won the war?

A federal court in Massachusetts allowed the US Commodity Futures Trading Commission’s fraud case against virtual currency operators to continue by finding that the digital coin met the definition of “commodity” under the Commodity Exchange Act. The court rejected the defendants’ argument that the virtual currency at issue was not a “commodity” because there was no futures contract...

A week of “firsts” in cryptocurrency prosecution

On September 11, 2018, a number of “firsts” occurred in the prosecution of cryptocurrency-related activities at the Securities and Exchange Commission (SEC), the Financial Industry Regulatory Authority (FINRA), and federal district court that will likely become the norm going forward. The SEC announced its first enforcement action for an investment company registration violation...

Protecting your assets Block and tackle—unclaimed property and cryptocurrency

As promoters of cryptocurrencies and digital-asset exchanges face intense scrutiny from tax, securities and other financial services regulators, they will soon have to contend with unclaimed property (or escheat) laws in the United States. This article explores how these laws could apply to cryptocurrency exchanges, hosted wallets, and other market participants, such as banks,...

The SEC wants companies to talk about cybersecurity

On February 21, 2018, the Securities and Exchange Commission issued an interpretive release providing important guidance to certain registrants on cybersecurity disclosure. The guidance makes clear its view that material risks or incidents related to cybersecurity fall within a company’s ongoing obligation to disclose material information in current and periodic reports. The guidance...

Securing the Cloud

Eversheds Sutherland Partner Michael Bahar is quoted in the Winter edition of USA Today Homeland Security regarding increasing efforts to keep data safe in the ‘new normal.’ “Particularly this summer, we’ve seen attackers going further – to extortion, data manipulation, disruption and even destruction,” said Michael. “What is increasingly critical is to respond to the rapidly evolving...

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